In Topeka, Kansas, a man convicted of murdering a Kansas Highway Patrol trooper in 1978 has been granted parole, igniting controversy and prompting the governor to call for a review of the decision. Jimmie K. Nelms was sentenced to two life sentences for the kidnapping and murder of Trooper Conroy O’Brien. The crime took place near Wichita during a traffic stop. Nelms’ accomplice, Walter Myrick, passed away in prison in 2009.
In Kansas today, the murder of a law enforcement officer could be met with the death penalty or life in prison without parole, but in 1978, the death penalty was not in place, allowing Nelms eligibility for parole 30 years later. He sought parole in 2011 and again in 2021. Although a specific release date has not been set, the Prisoner Review Board approved his release following a hearing.
A spokesperson for the Department of Corrections stated that the board believes Nelms is ready to be a law-abiding citizen and released safely into the community. However, the decision only reached the public eye after the Kansas State Troopers Association criticized it as “disgraceful and disgusting.” Critics, including state Attorney General Kris Kobach, have expressed their disapproval, emphasizing severe punishment for those who commit crimes against law enforcement officers.
The decision outraged top Kansas legislative leaders, with Republicans Senate President Ty Masterson and House Speaker Dan Hawkins labeling it “unconscionable.” Although the parole board is under Governor Laura Kelly’s administration, a Democrat, she is urging the decision be reviewed “if legally possible,” stating that the case involves a brutal and intentional murder of an officer.
The tragic incident unfolded during a routine traffic stop when Trooper O’Brien pulled over Nelms’ car for speeding. As the trooper was issuing a ticket, Nelms approached with a firearm, ordered O’Brien out of the car, and subsequently shot him following a physical altercation. Back in 1978, Nelms was 31, and O’Brien, who was 26, left behind a pregnant wife. Nelms denied being the shooter, but was convicted along with Myrick during a joint trial.
Nelms has spent most of his prison term in maximum security but was transferred to a lower-security facility in 2023. The state’s Department of Corrections records noted disciplinary reports against Nelms in the past, with his most recent work being in the prison laundry.
There have been significant changes in parole decision-making since Nelms first sought release in 2011. The previous system involved a parole board appointed by the governor. However, a shift occurred in 2011 when an executive order replaced the board with Department of Corrections officials, a move Governor Sam Brownback said would save the state substantial funds. Critics expressed concern that this change might favor inmate releases to address prison overcrowding, a sentiment shared by Governor Laura Kelly during her time as a state senator.
Senate President Ty Masterson, who supported the change in 2011, noted that the current parole review process is flawed and needs reform, pledging to work towards ensuring the board is accountable to Kansas citizens. Democratic state lawmaker Tom Sawyer, who reviewed Nelms’ case in the past, remarked that parole decisions sometimes conflicted with corrections officials’ recommendations. Reflecting on Nelms’ situation, Sawyer believes it is unlikely the board would have approved his release based on historical context.